A non-disclosure agreement is a legally binding contract that restricts the parties from sharing confidential information exchanged during commercial negotiations, protecting sensitive data such as pricing structures, recipes, customer lists and production capacities.
In trade practice
In food supply discussions, a non-disclosure agreement is typically signed before detailed product specifications, audit reports or commercial terms are shared between a Ukrainian supplier and an EU buyer. The document defines what constitutes confidential information, which disclosures are permitted, and how long the obligations survive after negotiations end. Common drafting errors include overly broad definitions that inadvertently cover publicly available information, and failure to specify the survival period. Legal teams should ensure the agreement is enforceable under the governing law of the intended contract.
In a specification
The agreement should identify the confidential information by category, state the permitted purpose for which it may be used, and specify the duration of the confidentiality obligation, including any post-termination survival period.